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  • Shreya Nair

Rhythms, Remixes & Respect: The Ethics & Responsibilities behind Sampling in Music Creation

According to Picasso, “good artists borrow, [while] great artists steal” – how does this notion exist within the music production context?


Like it or not, sampling has cemented itself as a key part of the contemporary music landscape. The practice essentially involves a creative incorporation of any part of a previous musical work (e.g., a rhythm, melody, or vocals) into one’s own. Unsurprisingly, this practice has been subject to all levels of controversy, from both a legal and creative perspective – thus, should our understanding of the music landscape include works that incorporate samples?


From a theoretical legal standpoint, the matter is relatively simple, – artists must require legal permission from the original work’s rightholder before including a sample in their own work, though the US does allow “limited use of copyrighted material without permission from the rights holder” in certain circumstances, as part of its fair use exception.


It is important to recognise that in practice, this is not always the case. As noted by Fact magazine, early hip-hop sampling was governed by “unspoken” rules rather than formal legal restrictions, which prevented the use of recent records and only permitted the sampling of vinyl records. These rules were intended to instil a sense of respect in samplers – physically engaging with the records of their choosing demanded effort, distinct from the creative process itself, fostering a connection between the samplers and the music they utilised. In turn, the knowledge of the effort involved in the sampling process would allow audiences a unique appreciation of this particular aspect of the artist’s work. Additionally, setting a minimum age requirement for records that could be used (typically 10 years old) served a dual purpose – not only did it prevent artists from capitalising on recent music trends, but also allowed current generations to explore older music that they may otherwise have overlooked, in a format accessible to them.


Over time, however, these rules have been relaxed. In part, this can be attributed to changes in the way we understand and consume media – we have arguably gone from viewing media as a “privilege” to a commodity, resulting in a greater acceptance, even celebration, of content created through repurposing (consider, for example, the way memes repurpose a given interpretation of wider popular culture for comedic effect). This greater emphasis on trend creation and virality in the music creation context has been met with mixed reactions – to some, this simply reflects a new era of content creation, just as traditional sampling did decades prior. Repurposing arguably still demonstrates some level of creativity, in that it allows individuals to gain a unique perspective on familiar media. Conversely, this relaxation of ‘safeguards’, so as to speak, has been seen by some as a representation of the growing disregard for the ethics involved in sampling. Despite formal copyright regulations, technological advancements have facilitated easy sampling, raising concerns about diminishing appreciation for original creators' work. 


It is important to note at this stage that discourse in this area typically comes to light once a work involving a sample becomes a hit (e.g. The Weeknd’s alleged sampling of Portishead’s ‘Machine Gun’ on his 2013 track, ‘Belong to the World’) – this seems to suggest that the issue is being able to profit from the use of a sample, rather than the actual sampling itself. While this explanation is understandable in theory, if the success of a work is solely attributable to a sample, then questions can and should be raised as to the value of the rest of the work – it is rarely as straightforward in practice. Even if we ignore the other subjective factors and accept that monetary gains are the best reflection of a work’s ‘success’, it is almost impossible to isolate which parts of the song are attributable to this form of success. Assuming an individual can identify their ‘favourite’ part of a song, there is no guarantee that this is what drew them to the song in the first place, or that their opinion is shared with the general public. 


Returning back to our question at the start, should our understanding of the music landscape include works that incorporate samples? Despite the arguably pessimistic discussion thus far, I would have to agree that there is no one set definition of creativity. Consciously or not, we are all inspired by the works around us; it would be nonsensical to suggest that this inspiration is illegitimate simply because it has been directly acknowledged in the work. Moreover, sampling is an indication of the limitless possibility that exists within music – artists should be encouraged to explore this possibility, to create works that simultaneously pay homage to the creators before them while also inspiring a future generation. 


Much like the pioneers of hip-hop believed at the time, I too believe that there is merit in placing a greater emphasis on creation requirements in sampling practices. Though my lack of technical knowledge in this field makes it difficult to identify what these requirements should exactly entail, I do believe that whatever they may be, they should be seen as voluntary, rather than mandatory – the purpose of these requirements are therefore more present in the sampler’s mind when engaging in the process, and can be changed as the societal consensus evolves as well. Secondly, whilst acknowledging the historical significance of the initial requirements set out, such as the 10 year ageing rule, I believe that modern sampling practices should incorporate updated, realistic criteria that reflect the transformative role of contemporary media and the expanded accessibility of music.


Sampling holds incredible potential – it shows how music has evolved over time in a straightforward manner, and how despite changes in trends, certain media elements continue to unite and entertain us across generations. However, the benefits that the music industry stands to gain from better understanding and incorporating this practice is based on the assumption that it is not utilised to circumvent the creative process in music production – rather, it should enhance it. Image courtesy of Techivation via Unsplash. Image license can be found here.


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